Ordinance No. 10,286ORDINANCE NO. 10,286
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE
BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT AND THE
BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL
SERVICES DISTRICT FOR THE ELECTIONS TO BE HELD ON THE 13TH
DAY OF MAY, 2006; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager to execute and the City Clerk to attest to a joint election agreement with the Baytown
Fire Control, Prevention, and Emergency Medical Services District and the Baytown Crime Control
and Prevention District for the elections to be held on the 13th day of May, 2006. A copy of said
agreement is attached hereto, marked Exhibit "A" and made a part hereof for all intents and
purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 91h day of March, 2006.
APPROVED AS TO FORM:
J�OKACIO RAMIREZ, SR., Ci ttorney
1
CALVIN MUNDINGER, May
® RAKarcn \Files \City Council\0rdinances \2006\March 9U ointEl ectionAgreementwithCCPD &FCPEMSD.doc
JOINT ELECTION AGREEMENT
• STATE OF TEXAS §
COUNTY OF HARRIS §
THIS JOINT ELECTION AGREEMENT (the "Agreement ") is made and entered into
effective this _ day of 2006, by and between the City of
Baytown, a municipal corporation located in Harris and Chambers Counties, Texas (the "City"),
the Baytown Crime Control and Prevention District, pursuant to the terms of Chapter 363 of the
Texas Local Government Code (the "CCPD "), and the Baytown Fire Control, Prevention and
Emergency Medical Services District, pursuant to the terms of Chapter 344 of the Texas Local
Government Code (the "FCPEMSD "), collectively referred to herein as the "Parties."
WITNESSETH
WHEREAS, the elections ordered by the governing bodies of the Parties hereto are to be
held on the same day; and
WHEREAS, such Parties desire to hold such elections jointly, as hereinafter specified, by
using common polling places and election officers pursuant to Chapter 271 of the Texas Election
Code; and
WHEREAS, holding joint elections will facilitate the orderly conduct of the elections of
the Parties since the location of the polling places for the voting precincts adequately and
conveniently serves the affected voters of the Parties; and
WHEREAS, by utilizing the services of the same election judges in the joint elections
will be of public and economic benefit to the persons in the affected voting districts as well as to
the Parties hereto;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
THE TEMPORARY BOARD OF THE BAYTOWN CRIME CONTROL AND PREVENTION
DISTRICT, AND THE TEMPORARY BOARD OF THE BAYTOWN' FIRE CONTROL,
PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT AGREE AS
FOLLOWS:
Since the regular or special elections ordered by the governing bodies of the Parties are to
be held on the same day, such Parties agree to hold such elections jointly as authorized by
Chapter 271 of the Texas Election Code, to the extent specified herein. All joint elections held
• pursuant to this Agreement shall be coordinated, supervised, and handled in accordance with the
provisions of the Texas Election Code. The Parties understand and agree that each Party hereto
holding a joint election shall remain responsible for the lawful conduct of the election ordered by
its :governing body.
LVW A
H.
• Nothing herein shall relieve any Party hereto from enacting all appropriate election
orders, resolutions, notices, and other pertinent documents required by or of its governing, body,
including, but not limited to, the making of submissions required by the Federal Voting Rights
Act of 1965, as amended. Furthermore, the Parties hereto will each utilize voting methods
approved by the Secretary of State and/or the laws of the State of Texas.
III.
The FCPEMSD and the CCPD shall be responsible to establish the ballot language and
canvass the election returns for their respective elections. Subject to Sections 344.062 and
363.062 of the Texas Local Government Code regarding the financing of the creation of the
FCPEMSD and the CCPD, the City on behalf of the FCPEMSD and the CCPD shall:
1. arrange for election supplies and for their printing in English, Spanish, and
Vietnamese;
2. cause to have prepared the necessary bilingual materials for the ballot and the
requisite notices; 1.
3. arrange for printing of ballots in English, Spanish, and Vietnamese and rental of
election polling place equipment and election tabulating equipment;
4. compensate judges and clerks appointed;
5. post and publish election notices;
6. distribute, receive and process applications for early voting ballot by mail;
7. conduct early voting and election day voting; and
S. take any other actions required by the Texas Election Code.
IV.
The 2006 joint election shall be conducted at the election precincts described on Exhibit
"A" attached hereto and incorporated by reference herein for all intents and purposes. Early
voting place for the FCPEMSD and the CCPD shall be at Baytown City Hall. Branch early
voting shall be held at the Administration Building of the Goose Creek Consolidated
Independent School District (the "District ") in accordance with the Joint Election Agreement
between the City and the District if the District holds an election on May 13, 2006.
0
&A
The City, the FCPEMSD; and the CCPD shall share polling locations and appoint the
same persons as election judges and alternate election judges. Each entity shall maintain the
forms and records of its election and shall serve as the general custodian of records for its
election.
Subject to Sections 344.062 and 363.062 of the Texas Local Government Code, the
FCPEMSD and the CCPD will each be responsible for its proportionate share of the payroll costs
• paid by the City for the election personnel jointly utilized by the Parties. For instance, if the
City. the FCPEMSD and the CCPD hold a joint election, the City's cost of the election personnel
utilized by both such Parties shall be divided by three. The compensation of the judges shall be
in accordance with section 271.013 of the Texas Election Code.
Joint Election Agreement, Page 2
• B.
The Parties holding a joint election pursuant to the terms of this Agreement shall host a
joint election school, covering topics deemed appropriate by the Election Administrators of the
affected Parties. All election personnel employed in a joint election shall be required to attend
the election school. Subject to Sections 344.062 and 363.062 of the Texas Local Government
Code, each Party will be responsible for its proportionate share of the cost of such school.
C.
Subject to Sections 344.062 and 363.062 of the Texas Local Government Code, common
expenses of the joint election incurred by the City shall be prorated among the parties incurring
and benefiting from such expenditures. Expenses shall include, but not be limited to, all
necessary disbursements, such as judges and clerks. The Parties shall meet following the 2006
election to review the administration and expenses of the joint election.
VI.
All payments required by the City pursuant to this Agreement shall be made from the
current revenues at the time of the election in question. The Parties agree that the allocation of
costs as specified herein fairly and adequately compensates the Parties for the services required
herein. All the expenses required to be paid herein shall be due on or before the thirtieth (30th)
day after a Party receives an invoice for such expense or after the first quarter in which the
FCPEMSD or the CCPD receives sales and use tax from the state, whichever occurs later. Any
payment not timely paid in accordance with this article shall accrue interest at the rate specified
in Section 2251.025 of the Texas Government Code. The City of Baytown shall be the fiscal
agent for the collection of funds and the payment of personnel jointly utilized by the Parties to
the election.
VII.
The Parties shall comply with all rules, regulations, and laws of the United States of
America, the State of Texas, as they now exist or may hereafter be enacted or amended,
governing elections.
VII.
This Agreement shall be in effect from and after the date of execution.
IX.
Failure of any Parry hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
• appropriate remedy; strict compliance with any other obligation hereunder to exercise any right
or remedy occurring as a result of any future default or failure of performance.
Joint Election Agreement: Page 3
® This contract shall in all respec ts be interpreted and construed in accordance with and
governed by the laws of the State of Texas, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be
Baytown, Harris County, Texas.
•
XI.
All Parties agree that should any provision of this contract be determined to be invalid or
unenforceable, such determination shall not affect any other term of this contract, which shall
continue in full force and effect.
XI1.
This Agreement contains all the agreements of the Parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties. This Agreement
shall not be amended or modified without the express written consent of both parties hereto.
XIII.
The officers executing this Agreement on behalf of each Party hereby confirm that such
officers have full authority to execute this Agreement and to bind the Party he /she represents.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to. be executed
by their authorized officers this the day of , 2006.
CITY OF BAYTOWN: ATTEST:
Signature
Printed Name
Title
Joint Election Aereement. Page 4
Signature
Printed Name
Title
BAYTOWN FIRE CONTROL,
® PREVENTION, AND EMERGENCY
MEDICAL SERVICES DISTRICT:
•
Signature
Printed Name
Title
BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT:
Signature
Printed Name
Title
ATTEST:
Signature
Printed Name
Title
ATTEST:
Signature
Printed Name
Title
RAKaren\Files \ContractsUoint Election AgreementsVointElectionAgreement2006CCPD .doc
Joint Election Aereement, Page 5
•
EXHIBIT "A"
PRECINCT
LOCATION
No. 11
Chambers County Community Building —Cedar Bayou
(Consisting of that portion of Chambers County Voting
Annex 7711 Highway 146
Precinct No. 11 within the Territory)
Baytown, Texas
No. 12/533
John M. Stuart Career Center
(Consisting of that portion of Harris County Voting
300 Wye Drive
Precinct Nos. 12 and 533 within the Territory)
Baytown, Texas
No. 13
William B. Travis Elementary School
(Consisting of that portion of Harris County Voting
100 Robin Road
Precinct No. 13 within the Territory)
Baytown, Texas
No. 28/739
Jessie Lee Pumphrey Elementary
(Consisting of that portion of Harris County Voting
4901 Fairway Drive
Precinct Nos. 28 and 739 within the Territo
Ba own, Texas
No. 99
Sterling Municipal Library
(Consisting of that portion of Harris County Voting
Mary Elizabeth Wilbanks Avenue
Precinct No. 99 within the Territory)
Baytown, Texas
No. 100
St. John's Methodist Church
(Consisting of that portion of Harris County Voting
501 S. Alexander Drive
Precinct No. 100 within the Territory)
Baytown, Texas
No. 102
San Jacinto Elementary
(Consisting of that portion of Hams County Voting
2615 Virginia
Precinct No. 102 within the Territo
Baytown, Texas
No. 248
Carver Elementary
(Consisting of that portion of Harris County Voting
600 Pruett
Precinct No. 248 within the Territory)
Baytown, Texas
No. 249
DeZavala Elementary
(Consisting of that portion of Harris County Voting
305 Tri-City Beach Road
Precinct No. 249 within the Territory)
Baytown, Texas
No. 386
Gentry Junior School
(Consisting of that portion of Harris County Voting
1919 Archer Road
Precinct No. 386 within the Territo
Baytown, Texas
No. 414
Cedar Bayou Junior School
(Consisting of that portion of Harris County Voting
2410 Cedar Bayou
Precinct No. 414 within the Territory)
Baytown, Texas
No. 456/103
Ross S. Sterling High School
(Consisting of that portion of Harris County Voting
300 W. Baker
Precinct Nos. 103, and 456 )
Baytown, Texas
No. 532
James Bowie Elementary
(Consisting of that portion of Harris County Voting
2200 Clayton
Precinct No. 532 within the Territory)
Baytown, Texas